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Who is responsible for the car being scraped when it is parked in the community?
If illegal parking causes a scratch accident, the illegal vehicle must bear the responsibility, which is generally a secondary responsibility, and the other party is the main responsibility. However, if you scratch the car behind you directly after illegal parking, you must take full responsibility for illegal parking. In the division of responsibility for traffic accidents, it is to see what illegal acts both sides have, and as long as there are illegal acts, they will bear the responsibility. Find the person responsible for the accident after the vehicles parked in the community are zoned. Under normal circumstances, property companies do not bear tort liability in principle. However, according to the relevant provisions of the property contract, it may be liable for breach of contract. ←br \8592;
Generally speaking, if the car is parked in the community and scraped, only the parties and the property may be responsible. Whether the property should bear the responsibility, we must first determine whether there is a contract between the owner and the property company. If so, it is necessary to clarify what obligations the property undertakes to the vehicle. ←br \8592;
1. If the property management company undertakes the custody obligation, and the nature of the charge is the custody fee, it may be liable for compensation; ←br \8592;
2. If it is stipulated in the contract that the property only provides parking lots for rent, and does not undertake the obligation of keeping vehicles, the nature of the charge is parking fees, and the property does not need to bear the liability for compensation for scraped vehicles; If there is no contract agreement or the agreement is not clear, it shall be combined with other circumstances. ←br \8592;
Legal basis: Article 76 of the Road Traffic Safety Law of the People's Republic of China stipulates that if a motor vehicle accident causes personal injury or property loss, the insurance company shall make compensation within the liability limit of compulsory motor vehicle third party liability insurance; The insufficient part shall be liable for compensation in accordance with the following provisions
(1) In case of a traffic accident between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility according to their respective fault proportions. ←br \8592;
(two) motor vehicles and non-motor vehicle drivers and pedestrians have traffic accidents, and the non-motor vehicle drivers and pedestrians are not at fault, and the motor vehicle party shall be liable for compensation; If there is evidence that non-motor vehicle drivers and pedestrians are at fault, the liability for compensation of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation not exceeding 10%. ←br \8592;
The loss of traffic accidents is caused by non-motor vehicle drivers and pedestrians deliberately colliding with motor vehicles, and the motor vehicle party is not liable for compensation. ←br \8592;
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